Jackie Healy-Rae (Kerry South, Independent)
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Question 318: To ask the Tánaiste and Minister for Health and Children if the income earned from rental of a commercial unit owned by a general practitioner or a group of general practitioners situated within or adjacent to the medical surgery or practice of the same general practitioners would be constituted as beneficial interest and therefore be in breach of section 21(1) of the community pharmacy contractor agreement 1996; and if she will make a statement on the matter. [5465/06]

Mary Harney (Dublin Mid West, Progressive Democrats)
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The opening or establishment of all new pharmacies is governed by the Pharmacy Acts, subject to restrictions imposed by non-pharmacy legislation such as the Planning Act. There is no statutory prohibition on the provision of pharmacy and general practitioner services from co-located facilities. However, a community pharmacy contract may not be awarded to a pharmacy in which a GP practising in the area has a beneficial interest.

The Government has accepted the recommendation of the pharmacy review group that there be no beneficial interest between prescribing and dispensing.

The Government approved in June 2005 the drafting of two pieces of pharmacy legislation. It is proposed to deal with most of the recommendations of the pharmacy review group in the second pharmacy bill, dealing with pharmacy practice and the delivery of pharmaceutical services.